"A society registered under the Societies Registration Act, 1860 is a legal entity. It is capable of suing and be sued". In the light of this statement, explain the procedure for filing the suit by and against society.

CS Executive · Economic and Commercial Laws · PYQS · December 2019
"A society registered under the Societies Registration Act, 1860 is a legal entity. It is capable of suing and be sued". In the light of this statement, explain the procedure for filing the suit by and against society.

Answer & Explanation:

A society registered under the Societies Registration Act, 1860, is a legal entity. It is capable of suing and being sued. The procedure for filing a suit by and against a society is as follows: Procedure for filing the suit by and against society: Representation in Suit: A society registered under the Societies Registration Act, 1860, is a legal entity. It is capable of suing and being sued in the name of the President, Chairman or Principal, Secretary or Trustees as determined by the rules and regulations. If there is no such prescribed determination, then the suit can be filed in the name of such person as appointed by the governing body for the occasion. If no such person is nominated by the governing body on an application made to it, then a person having a claim against society may sue the President or Chairman or Secretary or Trustee. Continuity of Suit: No suit or proceeding in any Civil Court shall abate or discontinue if the person in whose name the suit has been brought has died or ceased to fill the character. Such suit shall be continued in the name of or against the successor of such person.

Topics: Societies Registration Act, 1860

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